TERMS OF SERVICE for the Zinc-Aluminum Coaters Association...

Confidential Internet Library

These Terms of Service apply to your use of the materials contained in the inc-Aluminum Coaters Association (“ZAC”) Confidential Internet Library (“Library”). Please read them before entering the Library, and acknowledge your acceptance of the terms by selecting “Accept” below. If you do not accept these Terms of Service, select "Decline".

Purpose and Authorized Uses

The ZAC Library was created to allow ZAC Members to access and share data, reports and information related to specialized steel alloy coating problems and solutions of 55% Aluminum-Zinc Alloy Coated Sheet Steel products (“Information”). In the Library, Members are also able to post electronic messages and other materials (“Content”). Subject to these Terms of Service and the ZAC Bylaws, ZAC grants you a personal, non-transferable and non-exclusive right and license to use the Information and Content in the Library solely for your own business purposes. You agree not to allow non-Members to access the Library or receive copies of the Information or Content.

Passwords

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ZAC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ZAC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Confidentiality

You acknowledge and agree that the Library contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and is subject to the confidentiality protections of the ZAC Bylaws. You further acknowledge and agree that Information and Content presented to you through the Library is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by these Terms of Service or ZAC, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on the Information or Content in the Library, in whole or in part.

Violations

You agree that ZAC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Library, and remove and discard any Information or Content provided by you, for any reason, including, without limitation, if you are suspended as an Active Member of ZAC or if ZAC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. ZAC may also in its sole discretion and at any time discontinue providing the Library, or any part thereof, with or without notice. You agree that any termination of your access to the Library under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that ZAC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Library. Upon termination of your access to the Library, you agree to immediately delete and destroy all copies of Content and Information obtained from the Library (other than Content and Information submitted by you). Further, you agree that ZAC shall not be liable to you or any third-party for any termination of your access to the Library.

User Posted Information and Content

You hereby grant ZAC a world-wide, royalty-free, non-exclusive license to reproduce, modify, distribute, publicly perform, display, make derivative works based upon, and otherwise use Information and Content provided by you in connection with the Library. You acknowledge that ZAC does not pre-screen Information and Content, but that ZAC shall have the right (but not the obligation) in its sole discretion to refuse or move any Information and Content that is available via the Library. Without limiting the foregoing, ZAC shall have the right to remove any Information and Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Information and Content, including any reliance on the accuracy, completeness, or usefulness of such Information and Content. You agree to indemnify and hold ZAC, and its members, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information and Content you submit, post, transmit or make available through the Library, your use of the Library, your violation of these Terms of Service, or your violation of any rights of another.

Inappropriate Discussion Subjects

You agree that the following statement in Article VIII, Section 4 of the ZAC Bylaws applies to all messages, discussions, Information and Content posted within the ZAC library:

“As you all know, the purpose of this Association is for us to come together and discuss specialized steel alloy coating problems, to find solutions where we can, and to continue to improve the quality of the 55% Al-Zn sheet.

We are all aware of the United States antitrust laws, the competition rules of the European Community and other relevant competition rules which include prohibition against price fixing, market or customer sharing, bid rigging, unlawful information exchanges or other concerted action the purpose of which is or the effect of which is, or which may be, the curtailing or controlling of production, adjusting or supporting prices, restricting or affecting trade. Equally, we are all familiar with the US and EC laws regarding monopolization and abuses of a dominant position.

We will not under any circumstances be involved in any activities or discussions at any InterZAC meeting or meetings of any InterZAC committee that may breach any such antitrust laws or competition rules.”

General Limitations

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Library. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Library is available only to individuals who are permitted to use it under the ZAC Bylaws. You agree to be solely responsible for your actions and the contents of your transmissions through the Library. These Terms of Service shall be governed by the laws of the state of Washington, and any dispute regarding these Terms of Service shall be resolved under the ZAC Bylaws (or other applicable corporate mechanism), or in the federal courts located in the Western District of Washington.